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The Civil Partnership (Opposite-sex Couples) Regulations 2019

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Civil Partnership (Opposite-sex Couples) Regulations 2019 No. 1458

Teachers’ Pensions Regulations 2010

This section has no associated Explanatory Memorandum

115.—(1) The Teachers’ Pensions Regulations 2010(1) are amended as follows.

(2) In Schedule 5, in paragraph 3(2)—

(a)in sub-paragraph (a)(ii), after “a woman with a” insert “female”;

(b)in sub-paragraph (b), after “male spouse” insert “or a male civil partner”.

(3) In Schedule 8(3)—

(a)in paragraph 1—

(i)for the heading substitute “Pensions for surviving adults: general”;

(ii)in sub-paragraph (1), for paragraph (b) substitute—

(b)where D is a man, D’s surviving civil partner (of either sex);

(ba)where D and her surviving civil partner are both women, that partner;;

(iii)in sub-paragraph (2)(h), after sub-paragraph (i) insert—

(ia)D was a man in a civil partnership, in a case where D’s surviving adult is a surviving civil partner who is a man;

(ib)D was a man or woman in a civil partnership, in a case where D’s surviving adult is a surviving civil partner who is a woman;;

(b)in paragraph 2—

(i)for the heading substitute “Pensions for widowers other than widowers with pre-1988 rights, and surviving male civil partners, of female members”;

(ii)in sub-paragraph (1), for “a widower other than a widower with pre-1988 rights.” substitute—

(a)a widower other than a widower with pre-1988 rights, or

(b)a surviving civil partner who is a man.;

(iii)in sub-paragraph (2)(f), for “D was a married woman.” substitute—

(i)D was a married woman, in a case where D’s surviving adult is a widower other than a widower with pre-1988 rights, or

(ii)D was a woman in a civil partnership, in a case where D’s surviving adult is a surviving civil partner who is a man..

(4) In Schedule 9(4)—

(a)in paragraph 1—

(i)in the heading, after “Pensions for” insert “certain”;

(ii)in sub-paragraph (1)(a), after “(b),” insert “(ba),”;

(iii)in sub-paragraph (4)(a), for the words from “pensions” to “pre-1988 rights” substitute “pensions for surviving adults: general”;

(b)in paragraph 2—

(i)in the heading, after “Pensions for” insert “certain”;

(ii)in sub-paragraph (1)(a), after “(b),” insert “(ba),”;

(c)in paragraph 3—

(i)in the heading, after “widowers”, in the first place it occurs, insert “or surviving male civil partners”;

(ii)in sub-paragraph (1), for “a widower other than a widower with pre-1988 rights.” substitute—

(a)a widower other than a widower with pre-1988 rights, or

(b)a surviving civil partner who is a man.;

(iii)in sub-paragraph (2)(a), for “of female members other than widowers with pre-1988 rights” substitute “other than widowers with pre-1988 rights, and surviving male civil partners, of female members”.

(1)

S.I. 2010/990; amended by S.I. 2019/1134. There are other amending instruments but none is relevant to this instrument.

(2)

Paragraph 3 of Schedule 5 was substituted by S.I. 2019/1194. There are other amendments to the Schedule not relevant to this instrument.

(3)

Schedule 8 was amended by S.I. 2019/1194.

(4)

Paragraphs (1) to (3) of Schedule 9 were amended by S.I. 2019/1194. There are other amendments to the Schedule not relevant to this instrument.

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